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Is Mandatory Schooling Constitutional?
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Shadowpool13 Offline
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Post: #1
Is Mandatory Schooling Constitutional?

Quote:Amendment XIII

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2. Congress shall have power to enforce this article by appropriate legislation.


Doesn't look that way. . . Noo

The only death is ignorance.
01-30-2008 10:03 AM
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youvebeenthunderstruck Offline
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From what you quoted, no. But it IS unconstitutional. And I'm wondering if that would hold up in court.
01-30-2008 10:06 AM
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KittyKatBlack Offline
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I don't think most people consider mandatory schooling slavery or servitude.
01-30-2008 10:06 AM
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Shadowpool13 Offline
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KittyKatBlack Wrote:I don't think most people consider mandatory schooling slavery or servitude.

Because they can't read?

Quote:Servitude:
1.
A. A state of subjection to an owner or master.
B. Lack of personal freedom, as to act as one chooses.
2. Forced labor imposed as a punishment for crime: penal servitude in labor camps.
3. Law. A right that grants use of another's property.

The only death is ignorance.
01-30-2008 10:12 AM
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youvebeenthunderstruck Offline
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If that's also in the big C, we may have a case. But if it just says slavery, they probably meant slavery specifically away from education.
01-30-2008 10:13 AM
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i-am-the-liquor Offline
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sure the govt and see what happens

I dont mean to sound bitter, cold, or cruel, but I am,so thats how it comes out.- bill hicks
01-30-2008 10:17 AM
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monkey Away
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The government doesn't give shit about the Constitution,

Had to move on. Account is dead.
01-30-2008 10:26 AM
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i-am-the-liquor Offline
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hm then*insert usual renagade comment here* to washington dc

I dont mean to sound bitter, cold, or cruel, but I am,so thats how it comes out.- bill hicks
01-30-2008 10:27 AM
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Aya Offline
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Post: #9
 

Shadowpool13 Wrote:
KittyKatBlack Wrote:I don't think most people consider mandatory schooling slavery or servitude.

Because they can't read?

Quote:Servitude:
1.
A. A state of subjection to an owner or master.
B. Lack of personal freedom, as to act as one chooses.
2. Forced labor imposed as a punishment for crime: penal servitude in labor camps.
3. Law. A right that grants use of another's property.

No, probably because the elastic clause:

"Congress shall have the power to make all laws which shall be necessary and proper for carrying into execution...powers vested by this Constitution in the government of the United States."

Combined with the tenth admendment:

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."

The case can therefore be made that its both necessary and proper to 'educate' as many children as possible, and to establish tax funded schools for such 'education'. And since the Federal government has no laws regarding school attendence (they only deal with federal funding), the states are well within their right to make up thier own laws. This is why states have different quality schools, different curriculums, and varing truancy laws.
01-30-2008 11:06 AM
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OmegaWolf747 Offline
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Does that mean that if individual states wanted to repeal compulsory education, they could?

@silverfang1977
01-30-2008 12:29 PM
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Aya Offline
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OmegaWolf747 Wrote:Does that mean that if individual states wanted to repeal compulsory education, they could?

Yes, but its highly unlikely that they would. Education is a hot topic both on the federal and state level. And no politician in their right mind is going to get rid of compulsory schooling. Constituents, particularly in the middlle class, would throw a fit. It would kill his career.
01-31-2008 02:35 AM
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akdonn Offline
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Post: #12
 

In a way they already have with the increase in "home-school" programs. Under No Child Left Behind a school is penalized for students who drop out, but if they show the students are in another school program (such as a home-school program) then they don't lose as much funding. The whole thing is driven by funding. Every parent wants their kid to get their share and not be labeled a loser.




[Image: aV24PoDS.jpg]
02-01-2008 05:19 PM
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